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present made it quite clear that not only did they doubt the legality of all ivory held in Hong Kong, but that they considered any trade in Hong Kong ivory would provide a
means for illegal ivory to enter the market. The Environmental Investigation Agency are already encouraging members of the public to write to the Government to oppose any watering down of the ban, particularly in relation to
Hong Kong.
This
9. with adequate safeguards, I believe that we could defend ourselves against criticism from NGOs; but only if we
were supported by the rest of the European Community. issue falls within Community competence and in normal circumstances we should not be able to oppose a common Community position. However, this particular matter will substantially affect one of our Dependent Territories. We, and France, Denmark and the Netherlands, maintain that where the interest of a Dependent Territory is at state we should be able to act independently. Procedures to allow Member States to do this are currently under negotiation with the Commission. Given the strength of NGO feelings on this issue, I consider, however, that we would be unwise to isolate ourselves and vote in favour of the proposal if the Community wish to vote against it. The FCO would in any case only wish us to resort to independent action in extreme circumstances.
10. We do, however, have a responsibility to consider Hong Kong's interests and the FCO are concerned about this. Hong
Kong will be represented at the Conference, but as part of
the UK delegation. They would only be able to speak at the invitation of the head of the UK delegation I consider (and the FCO support this view) that we do have an obligation to put Hong Kong's case to the Conference. If the Community intend to oppose the proposal, however, we could find ourselves in a difficult position. It would be unfair and
undemocratic to refuse to speak on Hong Kong's behalf; the Community represents only 12% of the parties to CITES and Hong Kong should be able to put their case to the remaining